[Federal Register Volume 85, Number 205 (Thursday, October 22, 2020)]
[Rules and Regulations]
[Pages 67309-67311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22322]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 201002-0265]
RIN 0648-BJ76


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fishery Off the South Atlantic States; Amendment 11

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to implement Amendment 11 to the 
Fishery Management Plan (FMP) for the Shrimp Fishery of the South 
Atlantic Region (Shrimp FMP), as prepared and submitted by the South 
Atlantic Fishery Management Council (Council). This final rule revises 
the transit provisions for shrimp trawl vessels with penaeid shrimp, 
i.e., brown, pink, and white shrimp, on board in Federal waters of the 
South Atlantic that have been closed to shrimp trawling to protect 
white shrimp as a result of cold weather events. The purpose of this 
final rule is to update the regulations to more closely align with 
current fishing practices, reduce the socio-economic impacts for 
fishermen who transit these closed areas, and improve safety at sea 
while maintaining protection for overwintering white shrimp.

DATES: This final rule is effective November 23, 2020.

ADDRESSES: Electronic copies of Amendment 11, which includes a fishery 
impact statement, a Regulatory Flexibility Act (RFA) analysis, and a 
regulatory impact review, may be obtained from the Southeast Regional 
Office website at https://www.fisheries.noaa.gov/action/amendment-11-shrimp-trawl-transit-provisions/.

FOR FURTHER INFORMATION CONTACT: Frank Helies, telephone: 727-824-5305, 
or email: [email protected].

SUPPLEMENTARY INFORMATION: The penaeid shrimp fishery of the South 
Atlantic is managed under the FMP. The FMP was prepared by the Council 
and implemented through regulations at 50 CFR part 622 under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act).
    On July 10, 2020, NMFS published a notice of availability for 
Amendment 11 and requested public comment (85 FR 41513). On August 13, 
2020, NMFS published a proposed rule for Amendment 11 and requested 
public comment (85 FR 49355). NMFS approved Amendment 11 on September 
28, 2020. The proposed rule and Amendment 11 outline the rationale for 
the actions contained in this final rule. A summary of the management 
measures described in Amendment 11 and implemented by this final rule 
is described below.

Background

    Amendment 9 to the Shrimp FMP revised the criteria and procedures 
by which a South Atlantic state may request that NMFS implement a 
concurrent closure to the harvest of penaeid shrimp (brown, pink, and 
white shrimp) in the exclusive economic zone (EEZ) when state waters 
close as a result of severe winter weather (78 FR 35571; June 13, 
2013). The Shrimp FMP provides that if a state has determined there is 
at least an 80-percent reduction in the population of overwintering 
white shrimp, or that state water temperatures were 9 [deg]C (48 
[deg]F) or less for at least 7 consecutive days, the state can request 
NMFS to close the EEZ adjacent to that state's closed waters to the 
harvest of penaeid shrimp to protect the white shrimp spawning stock 
that has been severely depleted by cold weather.
    The Shrimp FMP procedures allow a state, after determining that the 
concurrent closure criteria have been met, to submit a letter directly 
to the NMFS Regional Administrator (RA) with the request and supporting 
data for a concurrent closure of penaeid shrimp harvest in the EEZ 
adjacent to the closed state waters. After a review of the request and 
supporting information, if the RA determines the recommended closure is 
in accordance with the procedures and criteria specified in the FMP and 
the Magnuson-Stevens Act, NMFS would implement the closure through a 
notification in the Federal Register. The closure will usually remain 
effective until the ending date of the state's closure, but may be 
ended earlier based upon a request from the state.
    Currently, shrimp trawl vessels transiting these EEZ cold weather 
closed areas with penaeid shrimp on board are required to stow a trawl 
net with a mesh size of less than 4 inches (10.2 cm) below deck. Since 
the most recent cold weather EEZ closures off South Carolina (83 FR 
2931; January 22, 2018) and Georgia (83 FR 3404; January 25, 2018), 
fishermen requested that the Council update these transit provisions.

[[Page 67310]]

Fishermen requested this change to increase their ability to transit 
the closed areas, since more recent vessel design changes have limited 
access to below deck storage. Also, requirements for a larger turtle 
excluder device (TED) in the trawl net to protect leatherback sea 
turtles have increased the size of a net that would need to be folded 
and stored below deck. Fishermen also stated that having to disassemble 
trawl gear for below deck stowage in rough sea conditions is a safety 
concern. Additionally, some fishermen stated that they avoid the closed 
areas entirely as they were not able to meet the transit requirements.
    NMFS expects that Amendment 11 and this final rule will update the 
regulations to better match the current design of the vessels in the 
fishery, reduce the socio-economic impact for fishermen who had 
difficulty transiting the cold weather closed areas under the 
regulations, and improve safety at sea for fishermen through reduced 
travel time around the closed areas and by not having to disassemble 
fishing gear in rough weather for stowage below deck, while maintaining 
protection for overwintering white shrimp and enforceability of the 
regulations for the cold weather closed areas.

Management Measures Contained in This Final Rule

    This final rule revises the transit provisions for shrimp trawl 
vessels with penaeid shrimp on board transiting through cold weather 
closed areas in Federal waters of the South Atlantic. The final rule 
allows a vessel to possess penaeid shrimp (brown, pink, and white 
shrimp) in South Atlantic cold weather closed areas provided the vessel 
is in transit and fishing gear is appropriately stowed. Transit will be 
defined as non-stop progression through the area with fishing gear 
appropriately stowed. Fishing gear appropriately stowed will be defined 
as trawl doors are in the rack (cradle) on deck, nets would be in the 
rigging and tied down, and the try net would be on the deck. Doors in 
the rack means the trawl doors are stowed in their storage racks out of 
the water on the vessel's deck. Nets in the rigging means the trawl 
nets are out of the water and are tied to the trawl vessel's rigging.
    The transit provision in this final rule was developed and 
recommended to the Council by the Council's Law Enforcement, Shrimp, 
and Deep-water Shrimp Advisory Panels. Doors in the rack (cradle), nets 
in the rigging and tied down, and try net on the deck will enable law 
enforcement on the water or in the air to see from a distance if 
fishermen are complying with the transit provisions without having to 
actually board the vessel, thereby saving time and reducing the safety 
risks associated with a vessel boarding.
    This final rule will reduce the time needed to stow gear because 
fishermen will no longer need to disassemble the trawl gear (remove 
nets from the rigging and the doors) prior to stowing nets with mesh 
sizes less than 4 inches (10.2 cm) below deck. This final rule is 
expected to reduce adverse socio-economic and safety at sea impacts 
associated with the transit provisions through reduced travel time 
around the closed areas and reduced time on the water for fishermen by 
not requiring gear stowage below deck.

Comments and Responses

    NMFS received two comments from individuals during the public 
comment periods on the notice of availability and proposed rule for 
Amendment 11. One comment was in support of the vessel transit action. 
NMFS acknowledges the comment and agrees with it. The other comment was 
outside the scope of the action and is not responded to in this final 
rule. No changes were made to this final rule in response to public 
comment.

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with Amendment 11, the Shrimp FMP, the Magnuson-Stevens Act, 
and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866. This final rule is considered an 
Executive Order 13771 deregulatory action.
    The Magnuson-Stevens Act provides the statutory basis for this 
final rule. No duplicative, overlapping, or conflicting Federal rules 
have been identified. A description of this final rule, why it is being 
implemented, and the purposes of this final rule are contained in the 
SUMMARY and SUPPLEMENTARY INFORMATION sections of this preamble. The 
objectives of this final rule are to ensure transit regulations are 
consistent with current fishing vessel designs, reduce the adverse 
social and economic effects on commercial shrimp fishing businesses 
that have not been able to transit closed areas due to an inability to 
comply with the current transit regulations, improve safety at sea and 
the enforceability of transit regulations, and maintain protection for 
over-wintering white shrimp.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) during the proposed rule stage that this final 
rule, if adopted, would not have a significant economic impact on a 
substantial number of small entities. NMFS did not receive any comments 
from SBA's Office of Advocacy or the public regarding the economic 
analysis of Amendment 11 or the certification in the proposed rule. No 
changes to this final rule were made in response to public comments. 
The factual basis for the certification was published in the proposed 
rule and is not repeated here. Because this final rule is not expected 
to have a significant economic impact on a substantial number of small 
entities, a final regulatory flexibility analysis is not required and 
none has been prepared.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Shrimp, South Atlantic.

    Dated: October 5, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is amended 
as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq.

0
2. In Sec.  622.206, revise paragraph (a)(2)(iii) to read as follows:


Sec.  622.206  Area and seasonal closures.

    (a) * * *
    (2) * * *
    (iii) Brown shrimp, pink shrimp, or white shrimp may be possessed 
on board a fishing vessel in a closed area, provided the vessel is in 
transit and that the shrimp fishing gear with trawl nets having a mesh 
size less than 4 inches (10.2 cm), as measured between the centers of 
opposite knots when pulled taut, is appropriately stowed. For the 
purposes of this paragraph (a), transit means a non-stop progression 
through a closed area and appropriately stowed means trawl doors out of 
the water and in the rack/cradle on deck, the nets must be out of the 
water and in the

[[Page 67311]]

rigging and tied down, and any try net must be on deck.
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[FR Doc. 2020-22322 Filed 10-21-20; 8:45 am]
BILLING CODE 3510-22-P